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Agreement 2017-02 <br />the termination is for a reason set forth in paragraph 26. This agreement allows the City to terminate <br />the license at will. The Operator may request to extend this Agreement for an additional one (1) year <br />period, commencing on January 1, 2019 and ending on the 31St day of December, 2019, by giving <br />notice in writing to the City by delivering to the City Clerk by September 1, 2018 of its request. The <br />financial terms of such renewal shall be negotiated between the City and the Operator. Such renewal is <br />subject to City council approval. <br />4. Legal Compliance. The Golf Course shall be used, occupied, operated, maintained and <br />repaired so as to be in compliance with all statutes, ordinances, codes, rules and regulations. The <br />Operator shall maintain sole and complete discretion to determine and employ whatever methods, <br />practices and procedures it deems appropriate to assure the Golf Course remains in compliance with all <br />stated statutes, ordinances, local laws, codes, rules and regulations however, if such compliance <br />requires additional capital or funding, the City will promptly provide such funding to allow the <br />Operator to ensure such compliance. <br />5. Indemnity. The Operator must defend, indemnify and hold harmless the City and its <br />officials, employees and agents and from any and all suits, claims, actions or causes of action of every <br />name and description brought against City for or on account of any death, injuries or damage received <br />or sustained by any party or parties from the negligence, gross negligence or willful misconduct of the <br />Operator arising from the Operators use of this agreement. <br />6. Insurance. The Operator shall take out and maintain during the term of this agreement at <br />the City's expense such commercial liability insurance as shall protect the Operator and the City from <br />claims for damages for personal and bodily injury including accidental death, as well as from claims <br />for property damage, which may arise from operations under this agreement. The City shall be named <br />as an additional insured on the commercial liability policy on a primary and non-contributory basis. <br />Before commencing work, the Operator shall provide the City a certificate of insurance evidencing the <br />required insurance coverage in a form acceptable to City. Such insurance shall be written for amounts not <br />less than: <br />a) Commercial General Liabilit4: A single limit policy in the amount of at least $2,000,000.00 per <br />occurrence for death or bodily injury and property damage liability claims, public liability <br />insurance, blanket contractual liability, broad form property damage liability and fire legal <br />liability. <br />b) Commercial Automobile Liabilitti Insurance. The Operator is required to maintain insurance <br />protecting it from claims for damages for bodily injury and property damage resulting from the <br />ownership, operation, maintenance or use of automobiles which may arise from operations <br />under this agreement. Minimum limits are as follows: <br />$1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. <br />In addition, the following coverages shall be included: Owned, Hired, and Non -owned <br />Automobiles. <br />Page 2 of 11 <br />191454v1 <br />